Free Order - District Court of Delaware - Delaware

Case 1 :04-cv—01542-GIVIS Document 98 Filed 02/28/2007 Pagel of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Kevin Brathwaite, )
Plaintiff, g
v. S C.A. N0. 04-1542-GMS
Marcello Rispoli et al., g
) Trial by Jury Demanded
Defendants. g
DEFENDANTS’ MOTION FOR LEAVE TO
TAKE DEPOSITION OF PLAINTIFF
Defendants, by undersigned counsel, hereby move for leave of Court pursuant to Federal
Rule Civil Procedure 30(a)(2) and Local Rule 30.1 to take the deposition of Kevin Braithwaite,
by oral examination who is confined in the Delaware Correctional Center, Smyrna, Delaware in
order for Defendants to obtain discovery regarding matters relevant to their defense.
1. Since the plaintiff in this action is an unrepresented prisoner incarcerated in the
Delaware Correctional Center, and is unable to be reached by telephone and other contact is
impractical, counsel has spent no time attempting to reach an agreement on the subject of the
motion.
2. The discovery deadline in this matter is March 2, 2007.
WHEREFORE, Defendants respectfully request that the deposition by oral examination
of Kevin Braithwaite be taken on Wednesday, February 28, 2007 at 10:00 AM at the Delaware
Correctional Center, Smyrna, Delaware and same be taken before a person authorized to
administer oaths pursuant to Rule 28 of the Federal Rules of Civil Procedure. The deposition

Case 1:04-cv—01542-Gl\/IS Document 98 Filed 02/28/2007 Page 2 of 2
will be recorded by stenographic means.
STATE OF DELAWARE
DEPARTMENT OF JUSTICE
/s/ Ophelia M. Waters
Ophelia M. Waters, I.D. #3879
Deputy Attorney General
Carvel State Building
820 N. French Street, 6"` Floor
Wilmington, DE 19801
(302) 577-8400
§.Q>t2i.1.>>|éan ‘<\;;.iit;r:.€€`€E>1at i> 4§,¤;i,i;
Dated: February 9, 2007
SO ORDERED this LK day of February, 2007.
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Unite States Distric udge
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OF DELAWARE